Page:Reed v. Goertz.pdf/36

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REED v. GOERTZ

Alito, J., dissenting

court decision is issued is unfair or does any damage to federalism, comity, or judicial economy.

Reed has provided no explanation why he could not have filed his §1983 action within two years after the CCA’s decision. Instead, he waited until an execution date was set. While that event may have “concentrate[d] his mind wonderfully,” that is not an excuse for the basic mistake of missing a statute of limitations.[1] ***

For these reasons, I would affirm the judgment below, and I therefore respectfully dissent.


  1. J. Boswell, Life of Samuel Johnson, in 44 Great Books of the Western World 351 (R. Hutchins & M. Adler eds. 1952).